An independent voice for ethical adoption
Reporting Adoption Fraud and Resolving Adoption Crises
Private adoption, on the whole, remains largely unregulated. While there are legal protections available to all triad members, they differ from state to state and country to country, creating opportunities for adoption fraud. In the course of 6 years, Ethica has been a unique resource for all triad members facing adoption crises such as completing adoptions in the midst of policy changes or contesting adoptions as a result of not obtaining informed consent.
Since we are not adoption service providers (we do not place children), we are able to evaluate a crisis with an unbiased perspective and if necessary, directly advocate to the appropriate adoption authorities on state, federal, and international levels. Our independence is built upon our reputation and working relationships with authorities who recognize that families do not contractually engage with Ethica, and that our mission is to improve adoption processes to the highest ethical standards.
While Ethica has maintained a steady caseload since our inception, years 2006-2008 have challenged our resources in light of Guatemalan and Vietnamese adoptions, which have since effectively closed. We expect our caseload to increase exponentially to 2,000 outstanding cases. With that in mind, we advise families seeking assistance to pursue these means to further their cases. Some tips:
- Document every interaction that you have with your adoption agency or attorney, adoptive or “birthparent”, and with adoption officials (DCFS, social workers, Immigration, Embassy officers). Check consent laws on recording phone conversations, first.
- Provide a succinct timeline of events, contracts, and receipts to support your claims.
- Consider legal representation and contacting your appropriate stateCongressional representatives.
Domestic Adoptions
The majority of domestic adoption inquiries are by parents (“birth
families”) contesting their children’s adoptions for various reasons:
- coercion by the adoption agency or attorney
- not being fully informed of their legal rights by the agency or attorney in order to obtain the parent’s consent
- fathers not being informed of a child’s relinquishment into adoptionfathers and mothers who seeking pro bono legal assistance
- children entering the foster care or private adoption system without
the consent of their legal guardians (grandparents, parents, other
extended family) and before guardianship or parental rights have been
terminated
Parents are encouraged to contact the state licensing authority which
oversees private adoption agencies, the state department of children
and family services for foster care related disputes, and state
attorneys general with their case details. It is very important that
parents refer to state regulations and laws which are available on the
state licensing or DCFS websites as well as upon request to these
offices. These regulations detail putative father registries, safe haven laws, and consent revocation. Some additional resources include:
- Realities of Adoption: Making an Informed Choice When Considering Placing Your Baby
- Unintended Consequences: ‘Safe Haven’ Laws Are Causing Problems, Not Solving Them
International Adoptions
There are several authorities that you can approach in order to verify your case status or pursue disciplinary and criminal action against an adoption agency.
1. The state adoption licensing authority in the state that the agency is headquartered.
This authority usually is under the state’s department of health and human services. When you contact them, it’s best to request the state licensing statutes and then submit a complaint pinpointing where you believe the agency did not follow the statutes. If you believe there is criminal action then you can ask that the authority coordinate with the state attorney general. You can also file a complaint directly and with the attorney general. It is very important that you emphasize regulation breaches and provide supplemental evidence including emails, phone call transcripts (you should check state consent laws on recording calls), contracts, and invoices.
Unfortunately many states have insufficient adoption regulations so that, for example, the state may have no law or regulation against buying children abroad, but the authority might be able to take action if there’s a breach in client confidentiality (i.e., an agency publicly shares your case details with other families). Fortunately, most states recognize that private international adoptions must be in accordance with international and federal laws. Families are encouraged to cite breaches in the sending country’s international adoption laws, which can often be obtained through online searches or the US Embassy in the particular country.
Visa fraud, which constitutes a federal offense that the prospective adoptive parent is liable for since he/she is the visa petitioner, NOT the agency. Visa fraud includes:
- an agency representative asking you to lie at your Embassy visa interview.
- knowingly representing a child as an orphan even though you know otherwise. The definition for orphan visa status can be found here.
- adopting a child without the intention of parenting him/her. Children have been known to be brought to the U.S. for other parents who might not have qualified for international adoption, could not travel, etc. The adoptions are disrupted and they are placed with these families. This circumvents the legal system AND protections afforded to the children.
- Monetary fraud: Violations vary depending on offense, amount of money being transferred abroad, and for what purposes.
3. Complaints about a Hague accredited agency or process within a Hague country can be made here: http://adoptionusca.state.gov/HCRWeb/WelcomeForm.aspx
LAWS
Directories of laws for each U.S. state
Directory of U.S. laws, by state
Federal laws listing (Adoption Promotion Act of 2003, Child Citizenship Act of 2000, etc.)
State laws listing (Putative Father Registry, Safe Haven)
Immigration laws and processes
Determining Orphan Status (for visa purposes in international adoptions)
AUTHORITIES
State licensing authorities
The licensing authorities monitor the licensing status of child welfare agencies, such as adoption placement and foster care service agencies, and collects and retains all official complaints filed against a particular agency. Ethica recommends that complaints reference state licensing statutes which are often on the state’s website or can be made available by the authority. Calls and emails often receive limited responses and action. An attorney can assist with a complaint.
State Attorneys General
Complaints may also be sent to the State Attorney General where the agency is licensed and/or headquartered. If there is an investigation, the state licensing authority will work with the state attorney general’s office. Often it is up to the individual to encourage and advocate for this cooperation. Again, it is best to reference state licensing statutes.
U.S. Department of State Office of Children’s Issues
Ethica works closely with this office which overseas the implementation of the Hague Convention and publishes advisories on new regulations by and to sending countries. Families may contact the office with general inquiries at askci@state.gov and for Hague related inquiries as well as email list at askusca@state.gov. Some examples of their involvement includes:
- International parental child abduction
- Intercountry adoption
- Recorded information on custody and adoptions
- Denial of passports to minors in certain circumstances such as abductions and not meeting immigration orphan visa requirements (NOIDS, RFEs, etc.)
U.S. Department of Citizenship and Immigration Services International Operations Division
Forms I-600 and I-600A may be obtained from the USCIS website at www.uscis.gov. Adoptions are generally submitted to the
Department of State and referred to the immigration officials for
adjudication and investigation. Ethica works closely with this office to determine what kind of options are available to adoptive families and adoptees when their visas are denied or delayed. This Office oversees immigration authorities who investigate orphan visa eligibility in sending countries, processing offices in the U.S., and receives inquiries on specific cases to requests for humanitarian parole and emergency medical visas. Ethica also encourages this office and USDOS OCI to relay information that they might have on any criminal agency practices of international adoption facilitators to the appropriate federal and state authorities. This includes ICE, state attorneys generals, and licensing authorities.
Information on intercountry adoptions may be found at How do I apply to Bring a Foreign-Born Orphan to the United States? Families may also inquire about the status of their visa petitions here. USCIS OIO publishes new regulations and announcements here.
International Operations Division – Children’s Issues
U.S. Citizenship and Immigration Services
111
Massachusetts Avenue, NW., 3rd floor
Washington, DC 20529
(202) 272-9176
ADVOCACY ORGANIZATIONS
Origins-USA
“Origins-USA is a non-profit corporation which advocates for mothers’ rights and keeping natural families together.”
This organization is an excellent resource for parents searching for support as they consider placing their children for adoption including an overview of their rights and local contacts through their HUGS program, or Helping “U” Get Support. There are additional articles and links for search and reunions.
National Organization for Birthfathers & Adoption
Reform
Jon R. Ryan
P.O. Box 50
Punta Gorda, Florida 33951-0050
Concerned United Birthparents
“CUB is a national organization serving those touched by adoption and others who are concerned about adoption issues. Although our foucs is on birthparents, long the forgotten people of the adoption community, we welcome adoptees, adoptive parents and professionals.”
Ethica encourages parents to join the active CUB email list and also reference their pamphlet, “What You Should Know If You’re Consideriing Adoption For Your Baby.”
Congressional Coalition on Adoption Institute
“A bicameral, bipartisan caucus of members of Congress dedicated to improving adoption policy and practice, and focusing public attention on the advantages of adoption.”
This organization has advocated for adoptive families struggling to complete ethical and legal adoptions by coordinating collaborative efforts by Congressional members. Ethica recommends contacting this organization as a primary means to advocate for international adoptions. First families (“birthfamilies”) may also approach this organization. CCAI responds best to group efforts (ie first fathers working on reform laws, families adopting from one country). There is no formal complaint process. Examples of CCAI’s work includes:
- organizing hearings on new adoption regulations
- meeting with the US Department of State and US Citizenship and Immigration Services to resolve outstanding issues or concerns
Joint Council on International Children’s Services
A membership organization of private, international adoption agencies and other international child welfare organizations. JCICS has a complaint process and claims to hold its members against strict standards of practice. Ethica encourages complaints to reference this document. Some things to consider:
- Confidentiality given that the complaint reviewers are agency members.
- This is a voluntary, membership organization and so sanctions are limited to warnings to revoking membership status. Agencies are not legally stopped from continuing their business operations.
ADOPTION FRAUD CASES & DOCUMENTS
This following are copies of official documents related to adoption service providers. All reports or documents are from official sources. Ethica takes no position on the merits of any action taken by official regulatory bodies in relation to adoption service providers. Ethica will make additional reports available as we receive them.
Disclaimer
No Express or Implied Representations or Warranties
The material and links contained on this site are presented as a source of information only. The owners of this site have not made, nor intend to make, an independent investigation into any complaints or reports which have been made and/or posted on this site. As such, the owners of this site make no express or implied statements, representations or warranties about the accuracy, legality, decency, usefulness, use made of, timeliness, reliability, or completeness of, use or inability to use of the information contain on or connected with this site. You should not rely solely on any information contained on or in any other respect connected with this site but you should properly make such other investigations as you might deem necessary. Furthermore, the owners of this site make no express or implied, statements, representations or warranties that the use of the information contained on or connected with this site would not infringe on privately owned rights.
Waiting Angels Federal Lawsuit
Reaching Arms International, Minnesota Attorney General’s Complaint
Reaching Arms International, Minnesota Attorney General Order for Financial Audit
Reaching Arms International, Minnesota DHS revokes license
Reaching Arms International, Minnesota DHS investigation memo
Focus on Children, Samoa, Indictment
Mary Bonn, Guatemala Indictment
Guatemalan Attorney Blanca Eugenia Martinez Luna de Arce
International Adoption Resources
Tedi Bear Adoptions/Florida Administrative Complaint and Agreement to Surrender License (These files are very large PDF files and may require substantial downloading time)
Lauryn Galindo Charges and Plea/Cambodia
Guatemalan Facilitator Oscar Rene PORTILLO-Donis
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